Personal Injury Complaint - Auto Accident - Delaware

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v. C.A. No. _________

[DEFENDANT FULL LEGAL NAME(S)],
  Defendant(s).

VERIFIED COMPLAINT FOR PERSONAL INJURIES (AUTO ACCIDENT)

TABLE OF CONTENTS

1. Parties .......................................................................................... 2
2. Jurisdiction & Venue ..................................................................... 2
3. Definitions .................................................................................... 3
4. Factual Allegations ...................................................................... 4

5. Counts ............................................................................................ 6
     Count I – Negligence .................................................................. 6
     Count II – Negligence Per Se .................................................. 7

6. Damages ....................................................................................... 8

7. Prayer for Relief .......................................................................... 9
8. Jury Demand ............................................................................... 10
9. Reservation of Rights ............................................................... 10
10. Attorney Certification (Del. Super. Ct. Civ. R. 11) .............. 11
11. Verification ................................................................................ 11
12. Signature Block ........................................................................ 12

[page break]

1. PARTIES

1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual residing at [STREET ADDRESS, CITY, COUNTY, STATE, ZIP].

1.2 Defendant(s). [DEFENDANT FULL LEGAL NAME] (“Defendant”) is [an individual domiciled at / a corporation organized under the laws of ______ with its principal place of business at] [ADDRESS].
[Add additional defendants as necessary with corresponding allegations of residence/domicile.]

2. JURISDICTION & VENUE

2.1 Subject-Matter Jurisdiction. This pleading selects the Superior Court under Del. Const. art. IV, § 7, 10 Del. C. § 541, and [OTHER CLAIM- OR COURT-SPECIFIC AUTHORITY] because [FACTS ESTABLISHING JURISDICTION]. Section 541 itself does not supply an amount threshold or tort-category grant.

2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Delaware because [he/she/it] (a) resides in Delaware; (b) is incorporated in Delaware; (c) regularly transacts business in Delaware; and/or (d) operated a motor vehicle on Delaware roadways causing the injuries alleged herein, satisfying 10 Del. C. § 3104(c) as to any nonresident Defendant.

2.3 Venue. Venue is proper in this County because Plaintiff has selected this County as the forum and the collision occurred in this County and/or Defendant resides or conducts business here; Delaware venue for Superior Court civil actions is not fixed by a county-specific statute but rests on the plaintiff's choice of forum, subject to a motion challenging venue or seeking transfer under Del. Super. Ct. Civ. R. 12(b)(3) and (h)(3).

2.4 Statute of Limitations. This action is timely filed within the two-year limitations period prescribed by 10 Del. C. § 8119.

3. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below and apply throughout this Complaint:

“Accident” – The motor-vehicle collision that occurred on [DATE] at or near [LOCATION].

“Vehicle” – The [YEAR/MAKE/MODEL] bearing VIN [__________________] operated by Defendant at the time of the Accident.

“Comparative Negligence” – The fault-allocation framework codified and/or recognized under Delaware law whereby a plaintiff’s recovery is barred or diminished only if the plaintiff’s percentage of fault exceeds 50 percent.

“PIP Coverage” – The personal-injury-protection benefits required under 21 Del. C. § 2118.

4. FACTUAL ALLEGATIONS

4.1 On [DATE] at approximately [TIME], Plaintiff was operating a [YEAR/MAKE/MODEL] traveling [northbound] on [ROADWAY] approaching its intersection with [CROSS-STREET] in [CITY/COUNTY], Delaware.

4.2 At the same time and place, Defendant was operating the Vehicle traveling [direction] on [ROADWAY].

4.3 Defendant [describe negligent act(s): e.g., “failed to stop for a steady red traffic signal,” “was traveling at an unreasonable speed,” “was distracted by a handheld device,” etc.].

4.4 As a direct and proximate result of Defendant’s conduct, the Vehicles collided, causing severe impact to Plaintiff’s vehicle and bodily injuries to Plaintiff (the “Accident”).

4.5 Plaintiff has incurred and continues to incur medical expenses, lost wages, pain and suffering, and other damages in amounts to be determined at trial.

4.6 Plaintiff’s losses exceed the minimum PIP Coverage required by 21 Del. C. § 2118, thereby permitting this tort action for non-economic and additional economic damages.

4.7 At all relevant times, Plaintiff acted with due care and was less than 51 percent responsible for the Accident, satisfying Delaware’s Comparative Negligence standard.

5. COUNTS

Count I – Negligence

5.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 4.7 as though fully set forth herein.

5.2 Defendant owed Plaintiff a duty of reasonable care in the operation of a motor vehicle.

5.3 Defendant breached that duty by, inter alia,
 (a) failing to keep a proper lookout;
 (b) operating the Vehicle at an excessive speed;
 (c) failing to maintain proper control; and/or
 (d) violating the Delaware Rules of the Road.

5.4 Defendant’s breach directly and proximately caused the Accident and Plaintiff’s injuries.

5.5 As a result, Plaintiff is entitled to recover compensatory damages in an amount exceeding $[PLACEHOLDER] exclusive of interest and costs.

Count II – Negligence Per Se

5.6 Plaintiff realleges and incorporates by reference Paragraphs 1 through 5.5.

5.7 At the time of the Accident, Defendant violated one or more provisions of the Delaware Motor Vehicle Code, including but not limited to [21 Del. C. § [INSERT CODE SECTION]].

5.8 Such statutory violations constitute negligence per se, establishing Defendant’s breach of duty.

5.9 Defendant’s statutory violations were a proximate cause of Plaintiff’s injuries and damages.

5.10 Plaintiff is therefore entitled to judgment against Defendant for all legally compensable damages.

6. DAMAGES

Plaintiff seeks all damages recoverable under Delaware law, including:

a. Past and future medical expenses;
b. Past and future lost wages and diminished earning capacity;
c. Pain, suffering, mental anguish, disability, and loss of enjoyment of life;
d. Property damage to Plaintiff’s vehicle and personal property;
e. Pre- and post-judgment interest as allowed by law;
f. Court costs and allowable litigation expenses; and
g. Punitive damages, if supported by the evidence at trial.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff’s favor and against Defendant as follows:

1. Awarding compensatory damages in an amount to be determined at trial, but believed to exceed $[PLACEHOLDER];
2. Awarding punitive damages where warranted;
3. Awarding pre- and post-judgment interest;
4. Awarding costs of suit and such other relief as the Court deems just and proper.

8. JURY DEMAND

Pursuant to Del. Const. art. I, § 4 and Del. Super. Ct. Civ. R. 38, Plaintiff demands trial by jury on all issues so triable.

9. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims and parties as discovery progresses and as justice may require under Del. Super. Ct. Civ. R. 15.

10. ATTORNEY CERTIFICATION (Rule 11)

I, the undersigned counsel, hereby certify that I have read the foregoing pleading, that to the best of my knowledge, information, and belief formed after reasonable inquiry it is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose.

11. VERIFICATION

STATE OF DELAWARE )
          ) SS.
COUNTY OF ______ )

BEFORE ME, the undersigned authority, personally appeared [PLAINTIFF NAME], who, being duly sworn, deposes and says that he/she has read the foregoing Complaint and knows the contents thereof, and that the facts stated therein are true and correct to the best of his/her knowledge and belief.

______________________________
[PLAINTIFF NAME]

Sworn to and subscribed before me on this ___ day of __________, 20___.

______________________________
Notary Public
My commission expires: __________

12. SIGNATURE BLOCK

Respectfully submitted,

_______________________________
[ATTORNEY NAME] (Bar I.D. #_____)
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE, ZIP]
Telephone: (____) ___-____
Facsimile: (____) ___-____
Email: [EMAIL ADDRESS]

Attorney for Plaintiff

[END OF COMPLAINT]